Leo Caldwell’s Post

🌈 Advocating Transgender Rights in the Workplace: Understanding the Impact of New Legislation by Lara Keil In South Africa, the transgender community faces elevated unemployment rates, coupled with the harsh realities of discrimination and harassment. Transphobia, defined as irrational fear or discrimination against transgender individuals, exacerbates these challenges. This post sheds light on the transformative impact of the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, effective since March 18, 2022. Designed to eradicate workplace harassment, the Code specifically addresses issues faced by the transgender community. Key points include the definition of harassment, encompassing unwanted conduct that impairs dignity and creates a hostile work environment. Sexual harassment, explicitly linked to unfair discrimination, is assessed based on factors like the nature of the conduct and its impact on the employee. The New Code emphasizes that employees can express unwelcomeness in various ways, and even if not explicitly indicated, harassment may still be recognized if the conduct is perceived as unwanted. The definition of sexual conduct spans physical, verbal, or non-verbal behaviors, with clear examples provided. Crucially, the New Code acknowledges that transgender people, protected under Section 9 of the Constitution, have equal rights in the workplace. The post calls for heightened protection for this vulnerable group, emphasizing the commitment to preventing discrimination based on sex, gender, or sexual orientation. For those experiencing workplace discrimination, intimidation, or harassment, Malcolm Lyons & Brivik Inc. stands ready to provide assistance and pursue justice. Let's work together to create a workplace where everyone is treated with dignity and respect. #mlbsouthafrica #labourlaw #transrightsarehumanrights #lawyers #legaladvice #southafrica

“Coming out as trans- or gender nonconforming in the workplace can be frightening. There is often a legitimate fear of retaliation, including job loss, harassment, or even assault. Creating a framework for such employees to experience psychological and emotional safety is vital.”     During this #PrideMonth, learn more about the experiences of transgender employees by checking out an article from the archive (published by Bernie McCann, PhD, CEAP) about how we can support trans and gender non-conforming employees.    https://lnkd.in/gBR-DYXk 

Gender Identity Protections: Transgender Harassment, Reverse Discrimination Cases Allowed by Courts. Two recent cases show that courts consider alleged harassment or discrimination based on transgender or cisgender status to be colorable under Title VII of the Civil Rights Act. Employers must comply with applicable federal and state employment non-discrimination statutes and relevant Equal Employment Opportunity Commission guidance. If an employee approaches HR or a supervisor about a gender transition, it is important that the employer take meaningful steps to accommodate the employee during their transition process.  https://lnkd.in/enZ3PBDh

Understanding what constitutes sexual harassment is the first step in asserting your rights. Sexual harassment is any inappropriate or unlawful action based on sexual preference or gender identity. Sadly, many employers do not take claims of harassment seriously, especially when it involves an LGBTQ+ employee. Examples of LGBTQ+ harassment and discrimination include: - Refusing to hire a person because of their sexual orientation or gender identity; - Derogatory comments, jokes, or slurs regarding the LGBTQIA+ community, generally, or about a specific individual identifying as LGBTQIA+; - Overlooking someone for promotion or career advancement because they identify as or are believed to be LGBTQIA+; - Pressuring employees to discuss or reveal their sexual orientation or gender identity; - Using the wrong gender, pronoun, or name to refer to a person (misgendering or deadnaming); - Excluding the employee from team meetings, projects, or social events. If you’re the victim of LGBTQIA+ discrimination at work, please get in touch with Boucher LLP to discuss your legal options.

𝐄𝐄𝐎𝐂 𝐂𝐫𝐚𝐜𝐤𝐬 𝐃𝐨𝐰𝐧 𝐨𝐧 𝐓𝐫𝐚𝐧𝐬𝐠𝐞𝐧𝐝𝐞𝐫 𝐇𝐚𝐫𝐚𝐬𝐬𝐦𝐞𝐧𝐭 Big strides are being taken to combat transgender harassment in the workplace by the United States Equal Employment Opportunity Commission (#EEOC)! Recently, a New York-based pizzeria had to pay $25,000 and agree to terms after an EEOC case revealed discriminatory treatment towards a transgender employee. 😡 The owner and staff members were called out for insensitive comments and intrusive questions about the co-worker's transition. 🚫 Unfortunately, this is just one instance of the high rates of discrimination faced by transgender employees. A recent study revealed shocking statistics: 48.8% experienced discrimination based on their LGBTQ+ status, 43.9% were denied job opportunities, and a staggering 43.8% reported verbal harassment during their careers. 🛡 Employers, it's time to take affirmative action! Here's how you can protect your LGBTQ+ employees and shield yourselves from civil liability: 1️⃣ Implement policies against sexual orientation discrimination. 2️⃣ Conduct regular (at least yearly) inclusive training on all forms of unlawful discrimination, including LGBTQ+ discrimination. 3️⃣ Foster a tolerant culture through educational events and programs. 4️⃣ Clearly communicate a strong commitment to LGBTQ+ inclusion. 5️⃣ Provide a clear path for reporting discriminatory conduct. 6️⃣ Take discrimination allegations seriously and ensure effective, remedial steps are taken to prevent recurrence. For nearly 30 years, Bashen Corporation has partnered with employers of various sizes to tackle issues related to workplace discrimination complaints. Our objective is to bolster employers' endeavors in creating discrimination-free workplaces. Let's embrace a workplace where everyone can thrive! 𝐬𝐨𝐮𝐫𝐜𝐞: https://lnkd.in/gnk94cDP Let's stand against discrimination in the workplace! 🏳️🌈✊ #EEOC #LGBTQInclusion #WorkplaceEquality #TransRights #NoDiscrimination #EqualityForAll #InclusiveWorkplace #EndDiscrimination

As we approach the 60th anniversary of Title VII and near the end of Pride Month, we revisit how the Civil Rights Act has been interpreted to protect at least some LGBTQ+ rights. Title VII of the Civil Rights Act of 1964 (which generally applies to private-sector employers) states that it is “unlawful . . . for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s … sex.” While over the years, bills were introduced in Congress to expand these protections, such as the proposed Employment Non-Discrimination Act which would have specifically prohibited employment discrimination based on someone’s actual or perceived sexual orientation or gender identity, none of these bills passed both chambers. However, in June 2020, the US Supreme Court clarified the reach of Title VII in Bostock v. Clayton County, holding that sexual orientation and transgender status "are inextricably bound up with sex,” and therefore Title VII prohibits employment discrimination based on sexual orientation and transgender status. Many state and local laws already recognized protections for LGBTQ+ employees for years prior to Bostock, with much greater specificity. For example, New York City law prohibits employers from discriminating on the basis of (among other protected categories), “gender,” “sexual and reproductive health decisions,” and “sexual orientation.” Further, "gender" is defined to include “actual or perceived sex, gender identity and gender expression, including a person's actual or perceived gender-related self-image, appearance, behavior, expression or other gender-related characteristic, regardless of the sex assigned to that person at birth” and sexual orientation “means an individual's actual or perceived romantic, physical or sexual attraction to other persons, or lack thereof, on the basis of gender” including but not limited to “heterosexuality, homosexuality, bisexuality, asexuality and pansexuality.” In the spirit of the Civil Rights Act and Pride Month, a reminder to employers to make decisions based on business needs and circumstances, without regard to any protected classes or other factors unrelated to the business, such as sexual orientation and gender identity. #TitleVII #Bostock #Pride #DGPERKS

Be Proactive with Personal Pronouns Understanding Pronouns in the Workplace Pronouns—words we use to refer to people without using their names, such as “he”, “she” or “they”—play a critical role in affirming individuals’ gender identities. Respecting an employee’s self-identified pronouns demonstrates respect for their identity, contributing to a positive work environment. Similarly, a chosen name is the name a person wishes to be called by others. For non-binary and transgender employees, a chosen name is not merely a nickname – it is the name that aligns with and reaffirms their chosen identity. For some, the name they were assigned at birth, if used, can cause feelings of harm and trauma, and invalidate their gender identity. https://ow.ly/3yaz50Sl5BB Sometimes getting to “DONE” is as simple as coffee & conversation. How about we have a chat… #groupbenefits #employeebenefits #consulting #leadership #communication #culture #compensation #wellness #employeeengagement #cgib Humans serving Humans

Be Proactive with Personal Pronouns Understanding Pronouns in the Workplace Pronouns—words we use to refer to people without using their names, such as “he”, “she” or “they”—play a critical role in affirming individuals’ gender identities. Respecting an employee’s self-identified pronouns demonstrates respect for their identity, contributing to a positive work environment. Similarly, a chosen name is the name a person wishes to be called by others. For non-binary and transgender employees, a chosen name is not merely a nickname – it is the name that aligns with and reaffirms their chosen identity. For some, the name they were assigned at birth, if used, can cause feelings of harm and trauma, and invalidate their gender identity. https://ow.ly/iHIw50Sl5Bz Sometimes getting to “DONE” is as simple as coffee & conversation. How about we have a chat… #groupbenefits #employeebenefits #consulting #leadership #communication #culture #compensation #wellness #employeeengagement #cgib Humans serving Humans

Some reflections in the light of Elspeth Duemmer Wrigley’s crowdfunder, co-chair of the original SEEN in the Civil Service. (Link to the case is in the comments). 🔍 As far as we know, the Civil Service is the first employer in the world to recognise the validity of its employees holding Gender Critical views - (Gender Critical views being the recognition there are two sexes and a non-belief in the concept of gender identity). 🔍 That there are two sexes is nothing new, but recognising that there are in the face of the emergence of a more recent belief in gender identity is what is new. 🔍 The concept of gender identity is a relatively recent concept. It has been adopted by organisations and workplaces across all sectors, where workplaces have been replacing policies that affect people on the basis of sex in compliance with the Equality Act with concepts based on self-declared identities. The civil service SEEN has inspired the setting up of other independent SEENs, such as SEEN in the City, Police SEEN, SEEN in Stem, SEEN in Journalism and of course our own SEEN in HR. Members should not be bullied, harassed or discriminated against on the grounds of their lawful beliefs. Employers need to foster a culture where competing beliefs in the workplace are managed where employees are not infantilised. Psychological safety is about employees being safe *to* disagree, not being safe *from* disagreement. ##BeSEEN #SEEN #HR #HumanResources

Embracing LGBTQAI+ terminology is crucial for fostering inclusivity and respect. With the help of our good pals at @Cara-Friend, you can find an easily accessible LGBTQAI+ Glossary on the DiverseTalent.ai Resource tab: https://zurl.co/LtZ3 By using language that acknowledges and respects individuals' gender identities and sexual orientations, we create a supportive environment where everyone can thrive. Correctly using LGBTQAI+ terminology demonstrates a workplace commitment to diversity and equality, encouraging employees to bring their authentic selves to work. This not only enhances morale and productivity but also helps attract and retain top talent. #InclusiveWorkplace #Inclusion #Diversity #Recruitment #HR